Minutes - September 22, 2008

CITY OF DALY CITY

MINUTES – REGULAR MEETING - CITY COUNCIL

SEPTEMBER 22, 2008

 

            The meeting was called to order by Mayor Klatt at 7:00 P.M.

 

ROLL CALL:     Councilmembers Present:

 

                           Carol L. Klatt, Mayor

                           Judith A. Christensen

                           Maggie Gomez

                           Michael P. Guingona

                           Sal Torres

 

                           Staff Present:

 

                           Kerry E. Burns, Assistant City Manager

                           Rose L. Zimmerman, City Attorney

                           Maria E. Cortes, City Clerk

 

            Councilmember Christensen commented on the statement Mayor Klatt made at the September 8th meeting regarding her absence stating that she did call the City Manager to report her absence.  Councilmember Christensen asked for an apology.

 

COUNCIL COMMITTEE REPORTS:

 

            There were no reports.

 

APPROVAL OF MINUTES:

 

Regular Meetings of July 14 and July 28, 2008

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve the minutes of July 14 and July 28, 2008.

 

APPROVAL OF AGENDA:

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve the agenda.

 

CONSENT AGENDA

 

            Mayor Klatt requested that Item No. 1, Accepting and Appropriating Library Services and Technology Act Grant in the Amount of $20,000 from the Institute of Museum and Library Services and Authorizing the City Manager to Execute the Grant Agreement and Item No. 2, Authorizing Execution of Lease Agreement with New Cingular Wireless (AT&T) for Site at Reservoir 6B, be taken at the end of the Consent Agenda.

 

CONSENT AGENDA

 

RESOLUTIONS:

 

Approving Submission of the Fiscal Years 2007-08 and 2003-07 Consolidated Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME programs

 

            Resolution No. 08-155, Approving Submission to the Federal Department of Housing and Urban Development (HUD) for Fiscal Years 2007-2008 and 2003-2007 Consolidated Annual Performance Evaluation Report for the Community Development Block Grant Program and HOME Programs

 

Extension of Tentative Map for Major Subdivision SUB06-1 for Mixed-Use Residential/Retail/Office Condominium Project at 6800 Mission Street

 

            Resolution No. 08-156, Approving Extension of Tentative Map for Major Subdivision SUB06-1, for an Additional Twelve Months Re: Subdivision for Mixed-Use Residential/Retail/Office Condominium Project at 6800 Mission Street

 

Accepting and Appropriating the California Association of Food Banks Food Stamp Outreach Program Stipend from Santa Clara/San Mateo County Second Harvest Food Bank to augment the Operating Budget of the Daly City Community Service Center

 

            Resolution No. 08-157, Approving Funds and Appropriate Funding from the Santa Clara/San Mateo County Second Harvest Food Bank

 

Accepting and Appropriating the San Mateo County Human Service Agency Food Stamp Outreach Program Stipend to augment the Operating Budget of the Daly City Community Service Center

 

            Resolution No. 08-158, Approving Funds and Appropriate Funding from the San Mateo County Human Services Agency Food Stamp Outreach Program

 

Accepting Notice of Completion for Mussel Rock Landfill Site Maintenance 2008

 

            Resolution No. 08-159, Accepting Completion of Certain Project in the Department of Public Works (Mussel Rock Landfill Site Maintenance 2008)

 

Authorizing Budgetary Adjustments

 

            Resolution No. 08-160, Authorizing Budgetary Adjustments and Appropriations for Fiscal Year 2007-2008

 

            Appropriation of $16,370 received by the Peninsula Partnership Collaborative from Kaiser Permanente Medical Center to Fund the Third Year of a Nutrition Program at Robertson Middle School

 

END OF CONSENT AGENDA

 

            It was moved by Councilmember Guingona, seconded by Councilmember Torres and carried to approve and adopt the Consent Agenda, as amended.

 

RESOLUTIONS:

 

Accepting and Appropriating Library Services and Technology Act Grant in the Amount of $20,000 from the Institute of Museum and Library Services and Authorizing the City Manager to Execute the Grant Agreement

 

            Library Director Carol Simmons stated the City received a $20,000 grant from the Institute of Museum and Library Services through the Library Services and Technology Act to provide services for Boomers.  This grant will help start the City’s Leadership Academy’s Platinum Team Project.  We are partnering with Skyline College.  John Miller a registered Financial Planner will teach a free class for baby boomers on financial topics at the Serramonte Main Library, from 7:00 p.m. to 9:00 p.m. starting October 8th.  We will be purchasing more current materials and special displays and will also have additional programs.

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 08-161, Approving Receipt of Grant from the Institute of Museum and Library Services and Authorize Appropriation of Funds to a Federal Grant Account

 

Authorizing Execution of Lease Agreement with New Cingular Wireless (AT&T) for Site at Reservoir 6

 

            It was moved by Councilmember Guingona, seconded by Councilmember Gomez and carried with Councilmember Torres voting “No” to adopt the following resolution:

 

            Resolution No. 08-162, Authorizing Execution of Lease Agreement with New Cingular Wireless (AT&T), for Lease of Reservoir 6B Site Re:  Communications Facilities

 

COMMUNICATIONS:

 

Minor Subdivision and Environmental Assessment to Subdivide an Existing 3.64-acre Parcel into Three Parcels for the Purpose of Constructing a Previously-approved Senior Apartment Complex, a Drugstore, and Satellite Retail Building at 165 Pierce Street (southwest corner of Pierce Street and Sullivan Avenue)

 

            Senior Planner Tatum Mothershead stated this is a request by American Senior Living to obtain parcel map approval for the previously approved senior apartment building and retail project at 165 Pierce Street.  The project would involve demolishing the existing building on the site, construct a new mixed-use building, consisting of 208 age-restricted senior apartments, 15% of them would be affordable, 14,000 square foot Walgreens drugstore and 1,400 square foot satellite retail.

 

            The subdivision of the existing parcel into three parcels is necessary because each will be under separate ownership.  In addition, the map provides a 20-foot wide easement that would be granted to the City for emergency vehicle access.

 

            Mayor Klatt was concerned about the large trucks parked on Pierce Street.  She asked if they were going to be allowed to park there once construction begins.

 

            Ms. Mothershead stated there might be some street closures at some point due to some of the infrastructure improvements they are going to have to do.  She does not know if those trucks are part of any preferred parking program.  She does not know if it is allowed per our vehicle code.  If it is not allowed, we can have the Police step up enforcement.

 

            It was moved by Councilmember Gomez, seconded by Councilmember Christensen and carried to concur with the Categorical Exemption under CEQA requirements.

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to affirm the findings of the Planning Commission as contained in their communication on file in the Office of the City Clerk.

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 08-163, Adopting Findings of Fact Following Public Hearing and Approving Minor Subdivision (MS08-2) Parcel Map and Environmental Assessment for Senior Apartments and Drugstore at 165 Pierce Street (Monarch Village)

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried to approve minor subdivision MS08-2, subject to the Conditions of Approval.

 

Use Permit and Environmental Assessment for Limited Auto Sales Use at 6422 Mission Street (near Knowles Avenue)

 

            Planning Manager Tatum Mothershead gave a PowerPoint presentation on the project site and reviewed the applicant, Chris Parisis, request for use permit approval for a limited auto sales use to be located at a vacant parcel behind CG Appliance Express at 6422 Mission Street with the office to be located within CG Appliance Express.  The request is for one parking space with a sign and a small office space that are necessary to meet the Department of Motor Vehicles’ minimum requirements.

 

            Ms. Mothershead reviewed the site plan.  Staff has visited the site a number of times and observed that there is loading and unloading products and storage of the product in the back area.  The area is large enough to have 24 parking stalls, but based on staff visits there are 12 spaces regularly available.

 

            Given the size of CG Appliance, the zoning ordinance requires about eight parking spaces, so with the twelve spaces provided, losing one space would still comply with code requirements.

 

            Discussion ensued with Mr. Parisis, applicant, answering Council’s concerns.  Issues of concern were the product storage and deliveries and parking circulation.

 

            Councilmember Torres suggested there be a condition added that staff and the applicant prepare a list describing site maintenance, deliveries and parking circulation.

 

            Councilmember Gomez asked if there will be more stringent conditions of approval on site maintenance.  Councilmember Gomez also asked there be a Subcommittee review within the six month process.

 

            Mayor Klatt stated she would approve this item with the added conditions as long as a line of communication is kept open.

 

            It was moved by Councilmember Torres, seconded by Councilmember Christensen and carried to concur with the Categorical Exemption under CEQA requirements.

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried to affirm the findings of the Planning Commission as contained in their communication on file in the Office of the City Clerk.

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 08-164, Adopting Findings of Fact Following Public Hearing on Use Permit (UP08-7) 6422 Mission Street, Limited Auto Sales Use

 

            It was moved by Councilmember Torres, seconded by Councilmember Gomez and carried to approve Use Permit UP08-7, subject to the Conditions of Approval, as amended.

 

Use Permit and Environmental Assessment for an Auto Repair Garage at 6041 Mission Street (near Templeton Avenue)

 

            Senior Planner Tatum Mothershead stated this is a request by Santiago Serrano to re-establish an auto repair garage in an existing building at 6041 Mission Street.  The existing building is located on the south side of Mission Street between Templeton Avenue and Evergreen Avenue.  This site is zoned C-1, Light Commercial, which allows auto related uses.  The vacant lot next to 6041 Mission Street will be used as an outdoor parking lot for the garage employees and customers.

 

            The property historically has been used as an auto repair shop, but the use of such ceased approximately one year ago as the property owner planned to construct a 12-unit affordable senior apartment building that the City Council had approved.  Due to difficulties in obtaining financing for the project, the applicant modified his plans to include 12 market-rate condominium units.  This was presented to the Redevelopment Agency Subcommittee and because the project proposal did not include adequate parking, the Committee did not feel comfortable granting any sort of parking waiver for the project.  As a result, the property owner is seeking to use the existing building as it was previously used.

 

            Staff is recommending that the City Council approval of the proposed use permit request.

 

            It was moved by Councilmember Guingona, seconded by Councilmember Christensen and carried to concur with the Categorical Exemption under CEQA requirements.

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried to affirm the findings of the Planning Commission as contained in their communication on file in the Office of the City Clerk.

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 08-165, Adopting Findings of Fact and Imposing Conditions of Approval on Use Permit (UP08-15), to Operate an Auto Repair Garage (6041 Mission Street, Daly City, CA)

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried to approve Use Permit UP08-15, subject to Conditions of Approval.

 

AWARD OF BIDS/CONTRACTS:

 

War Memorial Community Center and John Daly Library Public Address System and Sound Systems

 

            Director of Parks and Recreation Michael Stallings recommended that the City Council award the bid and authorize the City Manager to execute the contract for the purchase and installation of the War Memorial Community Center and John Daly Library Public Address System and Sound Systems to Lloyd F. McKinney Associates Inc. of Hayward in the amount of $67,974.82.

 

            The City solicited bids for the project, and the Acting City Engineer’s estimate was $72,000.  Six companies were given the specifications and only Lloyd F. McKinney Associates Inc. submitted a bid.

 

            It was moved by Councilmember Christensen, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following resolution:

 

            Resolution No. 08-166, Authorizing Execution of Purchase Contract with Lloyd F. McKinney Associates Inc. for the Purchase and Installation of the Public Address System and Sound System

 

ORDINANCES:

 

Second Reading – Ordinance No. 1340, Adding Section 8.16.450 of Title 8 of the Daly City Municipal Code Re: Recovery of Costs by Special Assessment

 

            It was moved by Councilmember Torres, seconded by Councilmember Guingona and carried by unanimous roll call vote to adopt the following ordinance:

 

            Ordinance No. 1340, Adding Section 8.16.450 of Title 8 of the Daly City Municipal Code Re: Recovery of Costs by Special Assessment

 

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

 

            Robert Barbitta, expressed concern regarding the parking enforcement on street sweeping days after the street sweeping is done.  He asked if the Council can issue an executive order that once the street sweeper goes by, you can park your vehicle without penalties.

 

            Assistant City Manager Kerry Burns stated it presents some challenges to the parking control officers and the Public Works’ Street Division.  There are occasions where the street sweeper goes back and re-sweeps the street or the parking control officer goes back.  We try to bracket the time as briefly as possible when we are imposing the parking enforcement regulations.  We understand the inconvenience to the community, but we have yet to find a good balance between servicing those streets and accommodating the parking needs of the community.  We will continue looking at it and see if we can find a solution that meets everybody needs.

 

APPOINTMENTS:

 

Board/Commission Membership/Committee Appointments

 

            There were no appointments.

 

REPORTS:

 

Council Committee

 

            There were no reports.

 

City Council

 

            Councilmember Gomez reported on the Disaster Preparedness Day and the Office of Emergency Services meeting she attended.  Councilmember Gomez also reported on the Fiesta Festival in commemoration of National Hispanic Heritage Month she attended.

 

            Councilmember Gomez commended the Daly City Police Department and all neighboring law enforcement agencies for their assistance in regards to the Hell’s Angels funeral.

 

            Councilmember Torres reported on the National Hispanic Heritage Festival at the Doelger Senior Center.  Councilmember Torres also reported on the Daly City Dolphin Event at Westmoor High School that he and Daly City Parks and Recreation Commissioner Teresa Proaño attended.

 

            Councilmember Torres, a HEART member, reported that HEART has issued its’ first first-time homeowner buyer loan to a San Mateo County Department of Health employee.  On November 6th, the 39-unit Senior Housing on Hillcrest will open.  There were over 700 applications for the thirty-nine units.

 

            Councilmember Christensen submitted a written request that the topic of Binding Grievance and Discipline Arbitration be placed on a Study Session Agenda.

 

            Councilmember Torres stated it was his understanding that under the new memorandum of understanding we signed with our labor groups that the Labor Management Committee is going to make a concerted effort to work on various issues that both sides want to discuss.  One of the issues already agendized for discussion with the Labor Management Committee is Binding Grievance Arbitration.

 

            Councilmember Christensen stated she voted to support Proposition 1, High Speed Rail System at a C/CAG meeting she attended because High Speed Rail is time efficient, has a tremendous safety record, and does not pollute the environment.  We discussed having trains go from Los Angeles to San Francisco in about 2½ hours through the Pacheco Pass area.  It will be a tremendous boom to the economy in San Mateo County and San Francisco.

 

            Councilmember Christensen stated America’s Road Home is a nationwide organization to end homelessness in the United States.  Councilmember Christensen is part of the HOPE Committee, which is San Mateo’s effort to end homelessness in ten years.  They are asking elected officials and individuals of the community to support this national effort to end homelessness.  San Mateo County along with this organization is working to change attitudes about homelessness.  The goal is to get people in a job situation and in a home so they can sustain their finances and remain contributing members of society.  Councilmember Christensen stated that she informed the organization that she was not the Mayor, Vice Mayor or Mayor Pro Tem.  Councilmember Christensen said she signed as an individual and not on behalf of the City.

 

Staff

 

            Director of Economic and Community Development Richard Berger introduced the new Assistant Director of Economic and Community Development Peter Pirnejad.  Mr. Pirnejad stated he looks forward to working for Daly City.

 

            Assistant City Manager Kerry Burns announced that Daly City will be participating in “Make a Difference Day” on Saturday, October 25th.  There are two new projects this year, a re-use exchange that we will hold at the Community Center parking lot and a document shredding opportunity in the City Hall parking lot.  All projects are listed on the City’s website.  Afterwards the Daly City Host Lions will host a barbeque in the City Hall’s Rose Garden.

 

ADJOURNMENT:

 

            It was moved by Councilmember Gomez, seconded by Councilmember Torres and carried to adjourn the meeting at 8:10 P.M. in memory of Virginia Chin, Teresa Fisicaro, Thelma Yaffe, John Lee Barrett, Raymond DiGiacomo and Mazie McDermott Nevin.

 

 

                                                                                                                 MARIA E. CORTES          

                                                                                                                       City Clerk

 

 

Approved as submitted, this         10th        

 

day of               November               , 2008.

 

 

               CAROL L. KLATT                   

                          Mayor